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S6939Senate2017-2018 SessionSame asA9540

Erie Deputies Early Retirement Option

Official title

“Authorizes the county of Erie to offer an optional twenty year retirement plan to certain deputy sheriffs employed by such county”

Sponsor Patrick M. GallivanSD-59+1 co-sponsorAffects Finance
Status
Signed by Governor
Impact
3/10
Low
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill allows certain Erie County deputy sheriffs to opt into a 20-year retirement plan they previously missed, with costs covered by the county.

Why it matters

  1. Addresses fairness for specific employees. This bill is designed to correct an administrative issue, giving six named Erie County deputy sheriffs a second chance to join a retirement plan they missed for reasons beyond their control—not due to their own negligence.

  2. Potential impact on workforce morale and retention. Allowing these deputies to participate in a more favorable 20-year retirement plan could improve morale and demonstrate that the county values correcting bureaucratic oversights, which might encourage current and future employees to trust the system.

  3. Establishes a clear precedent for similar cases. The bill could set a precedent for future exceptions or legislative remedies when public employees miss benefit deadlines through no fault of their own, potentially influencing how other cases are handled in New York and beyond.

  4. Shifts financial responsibility to local government. By requiring Erie County to cover both the immediate and ongoing costs (estimated at $381,000 one-time and $59,000 annually), the bill underscores the county’s obligation to bear the financial consequences of correcting these retirement plan enrollments, which could affect budget decisions and local taxpayer resources.

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Who cares

Headline styles

Erie Deputies Early Retirement Option

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

Chair, Crime Victims, Crime And Correction

1 Co-sponsor

History

  1. Signed chap.433
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Home rule request
  6. Ordered to third reading rules cal.176
  7. Substituted for A9540A
  8. Referred to ways and means
  9. Delivered to assembly
  10. Passed senateVote 61–0
  11. Home rule request
  12. Ordered to third reading cal.1565
Show 5 earlier actions
  1. Committee discharged and committed to rules
  2. Print number 6939a
  3. Amend and recommit to civil service and pensions
  4. Referred to civil service and pensions
  5. Referred to rules

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A9540Assembly

Let Erie Deputies Retire Early

Assembly Floor Calendar · Sponsor Sean Ryan

Impact 3 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6939--A

2017-2018 Regular Sessions

IN SENATE

November 8, 2017

Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to authorize the county of Erie to offer an optional twenty year retirement plan to certain deputy sheriffs employed by such county

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Notwithstanding any other provision of law to the contrary, the county of Erie, a participating employer in the New York state and local employees' retirement system, which previously elected to offer the optional twenty year retirement plan established pursuant to sections 552 and 553 of the retirement and social security law, to deputy sheriffs employed by such county, is hereby authorized to make participation in such plan available to Christopher J. Lysy, Kristin M. Rozycki, Marc J. Bristow, Daniel E. Walczak, Thomas Van Wie and Donald Hoelscher, deputy sheriffs employed by the county of Erie, who, for reasons not ascribable to their own negligence failed to make timely application to participate in such twenty year retirement plan. The county of Erie may so elect by filing with the state comptroller within three months of the effective date of this act, a resolution of the Erie county legislature together with certification that such deputy sheriffs did not bar themselves from participation in such retirement plan as a result of their own negligence. Thereafter, such deputy sheriffs may elect to be covered by the provisions of sections 552 and 553 of the retirement and social security law, and shall be entitled to the full rights and benefits associated with coverage under such sections, by filing a request to that effect with the state comptroller on or before June 30, 2019.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD13562-04-8

S. 6939--A 2

§ 2. All past service costs associated with implementing the provisions of this act shall be borne by the county of Erie.

§ 3. This act shall take effect immediately.

FISCAL NOTE.-- This bill will allow Erie County to elect to reopen the

provisions of Section 552 together with Section 553 of the Retirement

and Social Security Law for deputy sheriffs Christopher J. Lysy, Kristin

M. Rozycki, Marc J. Bristow, Daniel E. Walczak, Thomas Van Wie, and

Donald Hoelscher.

If this bill is enacted and these deputy sheriffs become covered under

the provisions of Section 552 together with Section 553, we anticipate

that there will be an increase of approximately $59,000 in the annual

contributions of Erie County for the fiscal year ending March 31, 2019.

In future years, this cost will vary as the billing rates and salaries

of these deputy sheriffs change.

In addition to the annual contributions discussed above, there will be

an immediate past service cost of approximately $381,000 which will be

borne by Erie County as a one-time payment. This estimate is based on

the assumption that payment will be made on February 1, 2019.

Summary of relevant resources:

The membership data used in measuring the impact of the proposed

change was the same as that used in the March 31, 2017 actuarial valu-

ation. Distributions and other statistics can be found in the 2017

Report of the Actuary and the 2017 Comprehensive Annual Financial

Report.

The actuarial assumptions and methods used are described in the 2015,

2016 and 2017 Annual Report to the Comptroller on Actuarial Assumptions,

and the Codes Rules and Regulations of the State of New York: Audit

Control.

The Market Assets and GASB Disclosures are found in the March 31, 2017

New York State and Local Retirement System Financial Statements and

Supplementary Information.

I am a member of the American Academy of Actuaries and meet the Quali-

fication Standards to render the actuarial opinion contained herein.

This estimate, dated January 22, 2018, and intended for use only

during the 2018 Legislative Session, if Fiscal Note No. 2018-2, prepared

by the Actuary for the New York State and Local Retirement System.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to authorize the county of Erie to offer an optional twenty year retirement plan to certain deputy sheriffs employed by such county

Purpose

This legislation would afford certain Erie County Deputy Sheriff's the opportunity to enroll in the twenty-year retirement plan that is currently available to other members of the department

Summary of provisions

Section 1 of the bill provides the necessary statutory authority to provide six deputies of the Erie County Sheriff's Department to avail themselves of the twenty-year retirement plan pursuant to sections 552 and 553 of the retirement and social security law.

Section 2 requires any past service costs be borne by the County of Erie.

Section 3 establishes the effective date.

Justification

Sheriff's deputies Christopher J. Lysy, Kristin M. Rozycki, Marc J. Bristow, Daniel E. Walczak, Thomas Van Wie and Donald Hoelscher each took an oath to protect and serve the public throughout Erie County. In recognition of the potential risk associated with the responsibilities vested with these dedicated officers it is, therefore, incumbent upon us to provide them the statutory authority to avail themselves of the established twenty-year pension plan, which, previously has been made available to other law enforcement officers within the department.

Legislative history

New bill

Fiscal implications

None to State

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.